CCSI Submissions to UNCITRAL ISDS Reform Process

The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to it. Having identified various concerns about ISDS and determined that such concerns merit multilateral reform, UNCITRAL is now engaged in developing procedural reform solutions. To contribute to UNCITRAL’s work, CCSI, together with the International Institute for Environment and Development (IIED) and the International Institute for Sustainable Development (IISD), submitted five documents outlining potential reform options and considerations:

  • Comments to the draft Working Group III Workplan.The draft workplan is available on the Working Group III website and is intended to set forth and allocate time and resources to the WGIII activities over the coming years. Our comments relate to making the plan of work more transparent and participatory, in particular for developing countries, non-governmental Working Group III observers (including our organizations) and also how the workplan should incorporate the “cross-cutting issues” (see below submission).

The submissions are described by the authors in a series of videos, included below.

Concerns and Cross-Cutting Issues

Third Party Funding

Third Party Rights in ISDS